Why in News ?
SC Quashed Relaxations To Employers. The Supreme Court quashed the Gujarat government’s notifications granting temporary relaxations to employers on certain conditions related to working hours and payment of wages under the Factories Act, 1948.
- Notifications increased daily working hours from 9 to 12 hours, and required employers to pay overtime wages at a rate proportionate to the ordinary rate of wages.
Reason for Notification
- Covid-19 pandemic is a ‘public emergency’ as defined in Section 5 of the Factories Act.
- Section 5 of Factories Act : In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act.
- Public emergency means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.
- Section 5 of Factories Act : In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act.
- Lockdown caused a slowdown in economic activities, leading to an ‘internal disturbance’ in the State within the meaning of Section 5.
Supreme Court View
- Court called the notifications an affront to the workers right to life and right against forced labour.
- The right to life guaranteed to every person under Article 21
- This includes a worker having an equal opportunity with social and economic freedom.
- Denying humane working conditions and overtime wages provided by law against the workers’ right to life and right against forced labour.
- These exploitation are secured by Articles 21 and 23 of the Constitution.
- Also invoked its powers under Article 142 to do complete justice and directed that all workmen who had worked overtime be paid overtime wages at double the ordinary rate of wages as provided under Section 59 of the Act.
- Slowdown created by the Covid-19 pandemic does not qualify as an internal disturbance threatening the security of the state.
- Unless the threshold leads to disruption of public order and threatens the security of India or a part of its territory.
- SC quashed relaxations to employers as the pandemic already worn-down the working class of the society, new notification will further trouble the working class.
Article 142 : The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
- When the law or statute do not provide a remedy Court can extend itself to put an end to dispute in a manner which would befit the facts of the case.
Major Labour Protection Laws
- The Trade Unions Act, 1926 : Have the power to compel higher management to accept their reasonable demands. It falls under Article 19 of the constitution right to form associations and unions.
- The Payment of Wages Act 1936 : workers must get wages on time and without any unnecessary deductions and must be paid in money.
- Industrial Disputes Act 1947 : To safe guard the payment of compensation to the workman on account of closure or lay off or retrenchment.
- Factories Act, 1948 : Policies in India with respect to occupational safety and health in factories.
Source : Indian Express
Topic
GS II : Government policies and interventions for development in various sectors and issues arising out of their design and implementation
Current Affairs Compilation : 2 October 2020